For all Special Land Use Approvals, a site plan must be submitted to the Township Planning Commission according to the requirements of Section 2101, Site Plan. The following review standards are provided to allow an opportunity to use a lot or parcel of land for an activity which, under usual circumstances, might be detrimental to other permitted land uses and cannot be permitted within the same district, but which use can be permitted under circumstances unique to the proposed location and subject to conditions acceptable to the community and providing protection to adjacent land use.

A.

In all cases the power to grant special land use approval shall be and hereby is vested in the Planning Commission. Upon receipt of a written application and site plan, conducting the required public hearing and necessary review, the Planning Commission shall make a determination as to whether the proposed use or structure meets all ordinance requirements, the required standards and that there are no more adverse effects than would normally be associated with the subject district which in the opinion of the Planning Commission cause injury to the adjacent properties or residents, or the Township as a whole.

A.

In considering all applications for special land use approval, the Planning Commission shall review each case individually as to its conformity and must find affirmative to each of the following standards as well as the standards for each special land use approval:

1.

The proposed special approval land use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district in which it is to be located.

2.

The use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements, routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access to off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian- vehicle conflicts.

3.

The proposed use will be designated so that the location, size, intensity, site layout and periods of operation of the proposed use eliminate any excessive nuisance emanating there from which might be objectionable to the occupants of any other nearby permitted uses.

4.

The proposed use will be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

5.

The proposed use is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected.

6.

The proposed use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

A.

The appropriate number of copies of the proposed site plan and the application for special land use approval shall be submitted to the Township Offices on or before the set submission deadline. Copies of the application and site plan shall be submitted to the Planning Commission, Building Inspector, Fire Department, Planning Consultant, and other Township advisors as necessary (attorney, engineer, etc.). The Planning Commission may request comments from county, state or local agencies as they deem necessary.

B.

Upon receipt of an application (which shall also include the proposed site plan), the Township shall:

1.

publish a notice of public hearing in the local newspaper;

2.

submit a notice of same to owners of the property in question;

3.

send or deliver notices to persons with assessed property within three hundred (300) feet; and

4.

send notices to occupants within three hundred (300) feet.

The notice shall be published no less than fifteen (15) days prior to the Planning Commission meeting at which the application will be considered.

The notice shall:

1.

Describe the nature of the special land use request.

2.

Indicate the property which is the subject of the special land use request.

3.

State when and where the special land use request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

C.

The Planning Commission shall review the application after proper notice has been given as required by State Law. The Commission shall base its recommendations upon review of the individual standards for that specific special land use, the standards of special land use approval and the requirements of this and all other applicable ordinances.

D.

The Planning Commission shall consider the special land use for approval, conditional approval or denial. If the Commission determines that the particular special land use(s) should be allowed, it shall clearly set forth in writing the particular use(s) which have been allowed. Thereafter, the Township may issue a building permit in conformity with the particular special land use approval. In all cases where a particular special land use has been granted, application for a building permit must be made and received by the Township not later than one (1) year thereafter, or such approval shall automatically be revoked. Provided, however, that the Planning Commission may grant an extension for good cause shown under such terms and conditions and for such period of time not exceeding twelve (12) months as it shall determine to be necessary and appropriate.

E.

If the Planning Commission shall determine that the particular special land use(s) requested does not meet the standards of this Ordinance it shall deny the application by a written endorsement which clearly sets forth the reason for such denial.

F.

The Planning Commission may impose such conditions or limitations in granting approval as may be permitted by State Law and this Ordinance which it deems necessary to fulfill the spirit and purpose of this Ordinance providing that such conditions meet the requirements of this Ordinance.

G.

Any decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for decision, and any conditions imposed.

H.

Appeals for dimensional aspects of a proposed special land use application shall be taken to the Township Zoning Board of Appeals as provided in Act 110 of Public Acts of 2006 as amended.

Prior to the issuance of a final certificate of occupancy for all development requiring special land use approval, an "as-built" survey shall be provided to and reviewed by the Township Engineer for compliance with the approved site plan/special land use and all applicable Township ordinances. Furthermore, any applicable building bonds will not be released to the developer/owner until the as-built plans have been reviewed and accepted by the Township.

(Ord. of 3-15-2022)